Una Doherty QC

Year of Call: 1999 Silk: 2018

Great attention to detail and particular strengths in high-value medical negligence claims

Legal 500 UK

Una Doherty QC has been ranked in the 2015, 2016, 2017 and 2018 editions of the Legal 500 UK Bar Directory, as a leading junior (Tier 1) in Personal Injury, Medical Negligence and Professional Negligence.

She has also been ranked for clinical negligence in the 2017, 2018 and 2019 editions of Chambers UK Bar Guide.

2017 edition: “Very able and efficient. She’s insightful and good at analysing cases.” “She’s always very well prepared.”

2018 edition: “She grasps legal concepts very well, is very tenacious in court, gives very clear advice and is hands-on.” “She has a very broad grasp of how things work on both the defendant and claimant side and is very effective in reaching sensible settlements.”

2019 edition, ranked as a new silk: “Very knowledgeable and very thorough.”

Una has a varied civil practice which covers a range of reparation and commercial disputes, although her main areas of practice are in personal injury and clinical negligence claims. She is instructed both for pursuers and for defenders and acts for clients ranging from individual litigants to insurers and public bodies. She is regularly instructed by the NHS Central Legal Office. She has extensive experience of high value personal injury claims including those involving catastrophic brain injuries. In the area of clinical negligence, she regularly acts in multi-million pound claims, including cerebral palsy cases.

She has been an Ad Hoc Advocate Depute since 2013, and in that role prosecutes criminal cases in the High Court.

She has been a Legal Assessor to the General Teaching Council of Scotland since 2017, advising panels on questions of law and procedure that arise in Fitness to Teach proceedings.

In 2017, she became a member of the Chartered Institute of Arbitrators after completing an International Arbitration Law course at the University of Aberdeen.

Una took silk in 2018.

Recent selected cases:

Confidentiality prohibits the details of the numerous claims which have settled without recourse to the courts or in the course of proof.

June 2013
For defender – death of 73 year old – alleged clinical negligence in failures to diagnose and treat coronary disease – action abandoned by pursuer when debate on relevancy of pursuer’s pleadings was sought.

June 2012
For defender – child born with cerebral palsy – settled extra-judicially with a periodic payment agreement.

Wallis and others v Ironside and others – June 2016
For eight pursuers – proof – fatal RTA – admission of liability after pursuers’ evidence led and first defender cross-examined, leading to decree being granted as quantum agreed

August 2015
For eight pursuers – fatality caused by house fire – negligent installation and servicing of stove in neighbouring property, resultant damage leading to fire – settled extra-judicially – names and settlement sums withheld because of confidentiality

June 2015
For pursuer – application to the CICA – under 1990 Scheme – very severe brain damage when assaulted as an infant – oral hearing resulting in extremely high award.

Fatal Accident Inquiries

Inquiry into the death of Antony Storrie, Paisley Sheriff Court [2016] FAI 21
For Greater Glasgow Health Board – in police custody when died – in hospital with drug intoxication – in fact, unexpected and undiagnosed liver laceration due to blunt force trauma which caused the death – no criticisms of medical care given, Sheriff Principal said diagnosis by medical staff was entirely reasonable and he commended their efforts

Inquiry into the death of Ross Drummond, Glasgow Sheriff Court 15 January 2014
For Greater Glasgow Health Board – prisoner died at Barlinnie Prison – on a dihydrocodeine detoxification programme while in prison – died as a result of dihydrocodeine intoxification – issues over his suitability for the detoxification programme and likely level of dihyrocodeine consumed to cause his death- only formal findings were made, despite contrary submissions made by the family – no criticisms of the medical care provided.

Inquiry into the death of Lynsy Myles, Edinburgh Sheriff Court 27 February 2004
For the deceased’s family- medical issues – failure to detect brain tumour in 18 year old

Inquiry into the death of Michael Lyons, Glasgow Sheriff Court 20 June 2002
For the deceased’s family- medical issues- manner of removal of crack cocaine bag in deceased’s mouth

July 2017: Admitted as Member of the Chartered Institute of Arbitrators

February 2017 to date: Legal Assessor to General Teaching Council of Scotland

2013 to date: Ad Hoc Advocate Depute

Additional Information

2012 to date: Advocacy Skills Instructor for the Faculty of Advocates Training Course for New Intrants

1995 – 1999: Tutor in the Diploma in Legal Practice, University of Edinburgh- Civil Court Practice and Advocacy

2009 to date: Member of the Faculty of Advocates Disciplinary Rules Investigating Committee

Member of the Faculty of Advocates Personal Injury Law Group

Member of the Faculty of Advocates Professional Negligence Law Group

Court And Tribunal Experience

Prior to calling to the Bar in 1999, Una practised as a solicitor for ten years preparing and managing cases in the Court of Session, and appearing in the Sheriff Courts and before other bodies. Between 1993 and 1998 she was a partner in Balfour & Manson, where she was responsible for a wide variety of civil litigation. The emphasis was on personal injury work and medical negligence claims, but she also dealt with judicial reviews, commercial disputes, insolvency litigation, disciplinary proceedings and fatal accident inquiries. She appeared regularly before the Professional Conduct Committee of the Nursing and Midwifery Council (formerly the UK Nursing Council), presenting cases on behalf of the Council.

Since calling to the Bar, she has appeared regularly in both the Outer House and the Inner House of the Court of Session, in Sheriff Courts, and before other bodies including the Professional Conduct Committee of the NMC and the Criminal Injuries Compensation Board. While the emphasis of her workload has been on personal injury and clinical negligence work, she has continued to work in other areas such as non-clinical professional negligence claims, commercial disputes, property damage, professional regulatory proceedings and fatal accident inquiries.

In 2013 she was appointed as an ad hoc Advocate Depute. In that capacity she has prosecuted criminal cases in the High Court, and addressed juries.

In 2017 she was appointed a part-time Legal Assessor to the General Teaching Council of Scotland. That role requires her to give advice on the law and procedural rules at Fitness to Teach hearings which determine complaints of teachers’ incompetence and misconduct.